BLOG: Employers: Is Your FMLA Policy DOL Compliant?

The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice . . . Read More

BLOG: New DoL Rule Clarifies Joint Employer Status Under FLSA

On January 16, 2020, the Department of Labor’s (DoL) Wage and Hour Division will publish a final rule clarifying joint employer status under the Fair Labor Standards Act (FLSA), adopting a four-factor test to determine joint employer status. The rule simplifies and narrows the interpretation of a joint employer from the interpretation implemented by the Obama administration. This final rule will benefit companies establishing cooperative business arrangements as they seek assurances as to whether they will be responsible for ensuring . . . Read More

BLOG: Liquidated Damages Clauses: Important Considerations for Business Owners

When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is straight-forward, such as where a party fails to pay amounts owed.  But the analysis can become complicated in situations where damages aren’t readily quantifiable, such as where a trade secret is misappropriated or a former employee solicits a company client.  To simplify such issues, businesses include liquidated damages provisions in . . . Read More

BLOG: OFCCP Releases Technical Assistance Guide for Construction Contractors

In keeping with its commitment to offer more technical guidance for government contractors across all industries, the Office of Federal Contract Compliance Programs (OFCCP) recently published its Technical Assistance Guide (the Guide) for construction contractors. The OFCCP released the Guide as a self-assessment tool to help contractors review the equal employment opportunity practices they have in place. Using this tool, and fixing issues it might reveal, may help construction contractors avoid potential investigation and interruption to their business operations. For . . . Read More

BLOG: SCOTUS Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses

For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed.  Class actions are commonly thought of as involving hundreds, if not thousands, of individuals.  However, courts routinely consider much smaller groups of employees, including groups of approximately 40 individuals to be sufficient to establish a class action.  To reduce the risk . . . Read More

BLOG: Impact of DOL’s Changes to FLSA Salary Basis Test on Government Contractors and Commercial Businesses

On September 24, 2019, the Department of Labor (DOL) announced its final rule  to change the Fair Labor Standards Act’s (FLSA) salary basis test, which is integral to classifying an employee as exempt from overtime payments. In order to designate an employee as FLSA overtime exempt, an employer must ensure that the employee meets both a salary basis test, which establishes a salary threshold, and a duties test, which establishes the types of responsibilities and knowledge required to be eligible for an . . . Read More

BLOG: Minimum Wage for Government Contractors Increases January 1, 2020

Executive Order 13658, Establishing a Minimum Wage for Contractors (the Order) established a minimum wage for employees working on, or in connection with, covered government contracts. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an increase. On September 19, the  DOL announced [1]  the rate would increase to $10.80 per hour on January 1, 2020. The required minimum cash wage that generally must be paid to tipped employees performing work on, or in connection with, covered . . . Read More

BLOG: Building Compliance: Construction Industry Concerns Under FCA

The Department of Justice (DOJ) has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui tam provisions of the False Claims Act (FCA) which incentivizes whistleblowers to file claims. Government contractors in the construction industry – both primes and subs – face a higher risk of FCA liability because of the complicated nature of construction contracts and prevailing wage obligations. Below we . . . Read More

BLOG: The Big Miss: When Job Misclassification Strikes Hard

Everywhere you look companies are being hit hard with claims of misclassification of workers under labor regulations. So far in August 2019, Department of Labor (DOL) has announced over $2 Million in damages paid to employees, and this doesn’t even include voluntary settlements handled outside of DOL. In fact, General Dynamics was recently hit with a $170,000 settlement regarding claims that the company misclassified call center workers under the Service Contract Act (SCA). To avoid such penalties and to remain legally compliant, . . . Read More

BLOG: EEOC Announces New EEO-1 Pay Data Reporting Deadline

September 30, 2019 marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. UPDATE: Since the  original blog  on this topic was published, the court issued an order confirming the September 30, 2019 deadline, and requiring the EEOC to collect a second year of data in addition to the 2018 pay information. The EEOC has also . . . Read More